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Academic

Adjunct Law Prof Blog

By Mitchell H. Rubinstein

Post Frequency: 42.5/day

Last Entry: April 01, 2011 at 01:00:00

Petition For Cert. Filed In Association Discrimination Case

Posted on February 04, 2010
On December 14, the Supreme Court asked Solicitor General Elena Kagan for her views on Thompson v North American Stainless (Dkt No 09-291) and whether Title VII's anti-retaliation provision forbids an employer from inflicting reprisals against a third party, such...

New Law School Approved in Massachusetts

Posted on February 03, 2010
Yesterday, the Massachusetts Board of Higher Education approved approved the University of Massachusetts' plan to create the state?s first public law school, according to this report in today's Boston Herald. According to the report, the Southern New England School of...

Senate To Vote On Smith Nomination

Posted on February 03, 2010
The Senate appears ready to vote on Patty Smith's nomination to be solicitor of labor. She is currently the NYS Commissioner of Labor. Her nomination has been held up for months. A New York Times article about her nomination is...

Link To Craig Becker's Senate Confirmation Hearing

Posted on February 03, 2010
http://help.senate.gov/Hearings/2010_02_02/2010_02_02.html

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2d Upholds Discharge of Alcoholic For Poor Attendance

Posted on February 03, 2010
Is an alcoholic employee discharged because of poor attendance protected under the ADA? Stated another way, was he discharged because of his attendance or alcoholism?? That is the issue in Vandenbroek v. PSEG Power, ___F.3d___(2d Cir. Dec. 11, 2009), which...

NY Times Article On Being An Adjunct

Posted on February 03, 2010
The Jan. 30, 2010 ran an interesting article entitled Back To School, As An Adjunct. It is geared towards college teaching. It does not contain any information that we have not covered before. The pay is low, but the work...

For tenure track faculty, work-life balance is a myth

Posted on February 02, 2010
From Inside Higher Ed: Each week this semester, I am identifying some of the most common errors made by tenure-track faculty and suggesting strategies to either avoid or overcome them. I received lots of e-mail about last week?s column Stop...

More evidence that multitasking is a myth and that law students who surf during class under-perform

Posted on February 02, 2010
This should be of concern to our adjunct readers, employers and, heck, the public at large. From the Chronicle of Higher Ed: Imagine that driving across town, you've fallen into a reverie, meditating on lost loves or calculating your next...

Substitute Teacher With Expectation of Future Employment Not Entitled To Unemployment For Summer Months

Posted on February 02, 2010
Matter of Schwartz v. Commissioner of Labor, ___A.D.3d___(3rd Dept. Dec. 10, 2009), illustrates that substitutes are generally not entitled to unemployment during the summer if they have a reasonable expectation of future employment. As the court explained: A professional employee...

Third Circuit holds compensatory and punitive damages are not available remedies under IDEA

Posted on February 02, 2010
Chambers v. School Dist. of Philadelphia Bd. of Educ., ____F.3d____ (3d Cir. Nov. 20, 2009), is an interesting case. The Third Circuit held that the parents of special education student denied a free appropriate public education (FAPE) could not recover...

Family Educational Rights and Privacy Act and H1N1 Influenza

Posted on February 02, 2010
The Department of Education has issued guidance for school officials on the Family Educational Rights and Privacy Act (FERPA) and H1N1. The guidance addresses concerns that school officials may have about disclosing personally identifiable information about students in the event...

Legal Research Saver

Posted on February 02, 2010
I recently came across Mendeley. Though not geared to the legal profession, Mendeley allows the User to download articles and presumably cases and save them either online or on your desk top. i just started playing around with this. I...

E-Mail Etiquette For Lawyers

Posted on January 31, 2010
One of my colleagues at St. John's Law School, Judge Jerry Lebovits wrote a very interesting December 2009 article for the NYS Bar Journal entitled E-Mail Netiquette for Lawyers.(No link available). It provides some common sense advice concerning the use...

Clerk who lacked "Midwestern girl look" could pursue sex stereotyping claim

Posted on January 31, 2010
Lewis v Heartland Inns of America, LLC, ____F.3d____(8th Cir. January 21, 2010), is an interesting case. The 8th held that the lower court improperly granted summary judgment in favor of an employer on a hotel desk clerk's Title VII sex-stereotyping....

Twenty-day statute of limitations for filing an appeal with the Unemployment Insurance Board strictly construed

Posted on January 31, 2010
Matter of Pascarella v New York State Thruway Auth., 59 AD3d 835 An agency Administrative Law Judge [ALJ] reversed an initial determination that denied former New York State Thruway employee James J. Pascarella?s application for unemployment insurance benefits...

ALPA Agrees To Largest Ever Duty of Fair Representation Settlement

Posted on January 31, 2010
United Airline Pilots Union to Pay $44 M To Settle Suit By Some Members is an interesting Chicago Crains article dated Jan. 21, 2010. The article states that this settlement is the largest DFR settlement in history. As the article...

School Law Jobs

Posted on January 30, 2010
School Law Jobs Job Title Employer Job Location General Counsel Oxnard School District Oxnard, California School Attorney Harbottle Law Group Orange County, California General Education / Labor & Employment Attorney Lozano Smith Los Angeles, California Special Education Attorney Lozano Smith...

Adjournments

Posted on January 29, 2010
We all need them at some point. Sometimes we really need them and it can make the difference in a case. What are they? Adjournments or continuances. There has not been much written about this important litigation topic and their...

Supremes hears arguments in dispute over CBA formation, interference

Posted on January 29, 2010
The Supreme Court heard oral arguments last week in Granite Rock v Int'l B'hood of Teamsters (Dkt No 08-1214): Does a federal court have jurisdiction to determine the existence of a bargaining agreement where there is a dispute as to...

Court Upholds Dismissal of Dental Student From Dental School

Posted on January 29, 2010
In Flores v. NYU, __Misc. 3d___(N.Y. Co. Nov. 30, 2009), the court upheld the dismissal of a student from dental school for cheating. As the court explained: Here, the court finds that NYUCD?s decision must be upheld because the College...

Bus Driver Unable To Establish Discrimination Claim on the Basis of Obesity

Posted on January 29, 2010
An obese woman who was passed over for a bus driver position was not the victim of perceived disability discrimination under California's Fair Employment and Housing Act because her obesity was not caused by an underlying physiological condition, a California...

The ABA responds to the claim there are too many law schools

Posted on January 28, 2010
As many readers may know, the LA Times recently featured an editorial by Mark Greenbaum that blasted the ABA for abdicating its responsibility to lawyers, the public and prospective law students by not doing more to stem the tide of...

Arizona law would permit professors to carry guns

Posted on January 28, 2010
An Arizona legislator has introduced a bill that would allow faculty at public universities to carry guns on campus if they have a concealed weapons permit. According to azcentral.com: Senate Bill 1011, sponsored by Republican Sen. Jack Harper of Surprise,...

Union Membership In New York Continues To Remain Strong

Posted on January 28, 2010
Union membership in New York is about double than National average. A recent article which summarizes BLS data states: Union membership in New York remains strong despite the downturn in the economy. The US Bureau of Labor Statistics is out...

LAW LIBRARIAN WAS PROPERLY FIRED FOR ?DISRUPTIVE? E-MAIL

Posted on January 28, 2010
Kaye v. Board of Trustees of the San Diego County Public Law Library et al., No. D053644, 2009 WL 3738795 (Cal. Ct. App., 4th Dist., Div. 1 Nov. 10, 2009) A California appeals court has refused to overturn summary judgment...

New Jersey school district considers imposing fine on parents of students sent to detention

Posted on January 27, 2010
The Newark Star Ledger reported that the Nutley, New Jersey, Board of Education is looking a proposal that would impose fines on the parents of students habitually sent to detention. The plan is to charge parents for detention, which they...

Suit charges Florida district?s ban on T-shirt critical of Islam violates students? speech rights

Posted on January 27, 2010
Two families have filed suit in federal court against the Alachua County School Board, according to Courthouse News Service, claiming their children?s constitutional rights to free speech and free religious expression have been violated because they are banned from wearing...

Supervisor?s comments concerning an employee?s job performance protected by a qualified privilege absent a showing of malice

Posted on January 27, 2010
Bayer v City of New York, 60 AD3d 713 Hank Bayer, who was employed as a plumber by the New York City Department of Education, sued the City, the Department of Education and his supervisor, Nunzio Piro, alleging, that Piro...

Employee Wellness Programs

Posted on January 27, 2010
Legal Implications of Employee Wellness Programs is an excellent December 7, 2009 article from the New York Law Journal (registration required). It outlines the legal issues which may arise under GINA, ERISA, HIPPA and the ADA. With respect to HIPPA,...

How to handle students who tell you they need to get an "A"

Posted on January 27, 2010
Apropos to the post below about students "demanding" to know why they didn't get the "A" they think the deserved is this essay from Inside Higher Ed, explaining how to handle students who subtly pressure the teacher at the start...

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